NRA Fact Sheet -- 2/6/98
Gun Shows: Legitimate Firearms Sales, Regulated By Law
National Rifle Association of America -- Institute for Legislative Action -- Research & Information Division
11250 Waples Mill Road, Fairfax, VA 22030 -- 703-267-1170 -- http://www.nra.org
A "gun show" is an event which federally licensed firearm dealers (FFLs) assemble under one roof to engage in business. All sales of firearms at gun shows are subject to the identical federal and state laws that apply in other situations. There are no exceptions whatsoever to this rule. Among the laws governing firearms sales:
Federal law prohibits an FFL from selling a handgun or handgun ammunition to anyone under age 21, and a rifle or shotgun or such ammunition to anyone under age 18. [18 USC § 922(b)(1)]. A non-licensee is prohibited fromensee is prohibited from selling a handgun or handgun ammunition to anyone under age 18 [19 USC § 922(x)].>
Federal law prohibits selling a handgun to a resident of another state and prohibits selling a rifle or shotgun to a non-resident if the sale would violate state law. [18 USC § 922(b)(3)]. Individuals are prohibited from buying a handgun out-of-state [18 USC § 922(a)(3)]. FFLs may sell at gun shows in their state only [18 USC § 923(j)].
Federal law prohibits selling any firearm or ammunition to a person who is prohibited by law from possessing firearms, such as a felon, fugitive, etc. [18 USC § 922(d)] and prohibits selling any firearm or ammunition known to be stolen [18 USC § 922(j)].
"Private dealers" do not sell firearms at gun shows, because there is no such thing as a "private dealer." The term is an oxymoron, created by anti-firearm activists to mislead the public about legitimate, lawful sales of firearms at gun shows.
Federal law [18 USC § 921(a)(11), (a)(21)(C) and 923(a)] requires that all dealers be federally licensed. Anyone "who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principle objective of livelihood and profit throught the repetitiveht the repetitive purchase and resale of firearms" must possess an FFL.
FFLs must maintain records of sale on all firearms sold [18 USC § 923(g)(1)(a)] and make those reocrds available to law enforcement authorities engaged in investigations and to ensure proper recordkeeping [18 USC § 923(g)].
FFLs must submit all handgun purchase applications to law enforcement authorities [18 USC § 922(s)] and must report multiple sales of handguns [18 USC § 923(g)(3)].
Private individuals may sell firearms only on an "occasional" basis "for the enhancement of a personal collection or for a hobby" or to sell their collections [18 USC § 921(1)(21)(C)].
(Transcribed by Dave Markowitz)
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